Welcome to the world of Speech products and services! These General Terms and Conditions apply to the purchase and use of the products, apps and services ("Services").
The SpeechLive Online Shop is located at www.speechlive.com (the “Online Shop” or “Website”), for SpeechID at www.speech.com/id. The Online Shop and the products are offered by Speech Processing Solutions Canada, Inc. (hereinafter referred to as “SPS”, “we” or “us”). The terms and conditions under which the Products are offered are set out below. To place an order you must accept the terms and conditions within the order process. By submitting your order, you accept and agree to be bound by these terms and conditions.
SPS reserves the right to change these terms and conditions at any time without prior notice. Such changes however only apply to new orders and will have no effect on orders that were submitted before posting of such revised terms and conditions on this Website.
2. Placing Your Order
To place an order in the online shop you must be 18 years of age or over and have a valid email address. You have to fill in the mandatory information in the order form completely and correctly.
The Services presented on the Website represent a non-binding invitation to the customer to order the presented services. By placing an order, you make an offer to us to purchase the service at the prices listed at the time the order is placed. SPS may or may not accept your offer at our discretion. If SPS does not accept your order or if the ordered service is not available, SPS will inform you immediately, and you will be refunded for the rejected order or unavailable service(s), as applicable.
When SPS sends you an e-mail confirming receipt of your order, this does not constitute our acceptance of your order. We only accept your offer and enter into the contract, when we explicitly confirm acceptance of your order via email and/or dispatch the ordered service to you and/or make it available for download.
Every service will automatically renew at the end of each term for a further term equal to the original agreed term unless either party gives the other written notice of termination prior to the end of the relevant term. We will send you a notice email, reminding you that your plan is about to be renewed within a reasonable period of time prior to the renewal date. SpeechID: You can terminate your subscription in the subscription overview of your SpeechID account.
3. Prices
Prices shall be those prices published on this Website. All prices are in Canadian dollars (CAD). Prices shown on the Website exclude all applicable taxes (“Taxes”) that may apply to your purchase. Prices shown on the Website also exclude any applicable delivery costs. Taxes and applicable delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the Taxes and any applicable delivery costs before you confirm your purchase. Each item in your Shopping Cart is shown at the current price.
License fees are billed once or on an ongoing basis as indicated by the Website. Ongoing license fees are generally billed quarterly in advance unless otherwise stated on the Website.
For Products where fees are paid on an on-going basis, SPS reserves the right to change the pricing applicable to such Products, from time to time. SPS will provide you with notice identifying the planned pricing changes in a timely manner, and to the extent required by applicable law, not less than thirty (30) days before such changes will become effective. The notice will be sent to you by e-mail or any other notice method likely to come to your attention. To the extent required by applicable law, such notice will set out the effective date of the change, the changes being made to the pricing, and your remedy in connection with such change as set out in the next sentence. As permitted by applicable law, your sole remedy in the event you do not wish to accept such change (and, if you live in Quebec, only where such change increases your obligations or reduces SPS’ obligations) shall be to refuse the change and terminate the contract for the applicable Products (including the license to use same, if applicable). If you refuse the change, you must notify SPS within thirty (30) days of having received the notice. To the extent not prohibited by applicable law, if you continue to use the Products thirty (30) days after having received the notice, you expressly agree that you: (a) will be deemed to have accepted the pricing change, with no additional written agreement or express acknowledgment required; and (b) specifically waive all statutory requirements for notice and express acceptance of such pricing change except for those provided in this section. SPS will inform you of this deadline separately and that, where permitted by applicable law, approval of the changes is deemed to be given if no legal objection to them is made.
4. Refunds
All purchases made through this Website are processed by https://paddle.com, which acts as the Merchant of Record. Refunds, withdrawals, and cancellations are handled exclusively in accordance with Paddle’s Buyer Terms and Conditions and Refund Policy. Where applicable under consumer protection laws (including the EU, EEA, Switzerland, and the United Kingdom), consumers have a statutory right to withdraw from a purchase within 14 calendar days from the date of the transaction. Further information regarding refunds and the withdrawal process can be found at: https://www.paddle.com/legal/refund-policy
5. Payments processed by Paddle (Merchant of Record)
For self service product purchases and renewals made via https://shop.speechlive.com, payments are processed by https://paddle.com Market Limited or its affiliates (“Paddle”), who act as the merchant of record for such transactions.
Where Paddle acts as merchant of record:
Paddle is responsible for processing your payment and handling applicable taxes, invoicing, and payment-related customer support.
By placing an order through Paddle, you agree to be bound by Paddle’s Buyer Terms in addition to these General Terms and Conditions.
In the event of any conflict between Paddle’s Buyer Terms and these General Terms and Conditions solely in relation to payment processing, Paddle’s Buyer Terms shall prevail.
In your SpeechLive account at https://shop.speechlive.com you can change your payment data at any time and review your invoices.
6. Delivery of your Products
Software Products purchased at the Online Shop will be delivered exclusively by electronic means via email and/or by making a download link available to you usually immediately upon purchase, at the latest within 7 working days from SPS accepting your order and entering into the contract.
7. Terms for software and services
In addition to these General Terms and Conditions the respective terms for software and services apply to any software programs, apps and services that we make available to you. The SpeechExec Software and the SpeechLive Service are subject to the End-User License Agreement. The SpeechLive transcription service is subject to the additional terms and conditions concerning the SpeechLive transcription service, and Speech to text is subject to the additional terms and conditions concerning Speech to text.
8. Liability and Disclaimer
IN NO EVENT SHALL SPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE PRODUCTS OR THESE TERMS AND CONDITIONS WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL THE LIABILITY OF SPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS EXCEED THE AMOUNT PAID BY YOU TO SPS IN THE PRECEDING ONE MONTH PERIOD. The foregoing exclusions or limitations of liability may not apply, to the extent such exclusions or limitations are not allowed under applicable national or provincial law.
For software and services that we make available to you on our Website and/or that may be downloaded from our Website, the liability provisions in the license agreement apply. To the extent permitted by law, any liability of SPS for damages during the use of apps (software errors, data loss) is excluded.
THE PRODUCTS AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". SPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Neither SPS nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the Products or the Website will meet your requirements, (ii) the Products or the Website will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Products or the Website (including any information and materials on this Website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
SPS and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Products or the Website or the services which make the Products or the Website available or electronic communications sent by SPS are free from viruses or any other harmful elements.
9. Data Protection
Your personal data that you submit on the occasion of an order or your registration in the Online Shop will be electronically stored and processed for the purpose of order fulfilment. You agree that we may use such data (name, address, email, industries sector) also for our own marketing purposes and to regularly send you information on our products, special offers, news and other customer information via mail and email. You may revoke your consent at any time in your SpeechLive account settings or by written notification to us (see contact details below).
The data will be processed in conformance with the SPS Privacy Policy and the applicable data protection laws.
10. Miscellaneous
The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.
The agreement shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflicts of law provisions and the United Nations Convention of Contracts for the International Sale of Goods.
All disputes arising from or in connection with this agreement shall be exclusively referred to the courts in Markham, Ontario although SPS retains the right in its sole discretion to bring any suit, action or proceeding against you for breach of these terms and conditions in any other relevant jurisdiction. For consumers the statutory places of jurisdiction shall apply.
For residents of Quebec: All disputes arising from or in connection with these terms and conditions shall be exclusively referred to the courts in Montreal, Quebec.
No failure or delay by SPS in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege.
You may not assign this agreement without the prior written consent of SPS. SPS may assign all of its rights and obligations under this agreement without your consent on written notice to you and upon any such assignment, SPS shall be fully released from its obligations hereunder and the assignee shall assume the rights and obligations of SPS as if the assignee were an original party to this agreement.
You declare and warrant that (i) you are not in any country subject to a US government embargo or one considered a country "supporting terrorists" by the US government, and (ii) you are not on any US government list of persons or parties subject to prohibitions or restrictions. You further grant your operating system operator the irrevocable right as a third-party beneficiary (and the operating system operator accepts this right) to enforce these terms and conditions against you.
11. Contact
Speech Processing Solutions Canada Inc. 235 Yorkland Blvd, Suite 303 Toronto, ON, M2J 4Y8 Canada live.support@speech.com
ADDITIONAL TERMS AND CONDITIONS CONCERNING THE SPEECHLIVE TRANSCRIPTION SERVICE
Using the SpeechLive transcription service by Speech Processing Solutions Canada, Inc (hereinafter "SPS", "we" or "us") allows you to have your recorded dictations transcribed in text form.
To use the transcription service you need a SpeechLive account. If you do not have a SpeechLive account, you first have to acquire a licence for the SpeechLive service in the SpeechLive online shop at www.speechlive.com.
To use the transcription service you also have to acquire a credit of transcription minutes in the SpeechLive online shop. When acquiring such credit you may select a transcription language. The transcription language is the language of the dictation. You may choose from German, English (UK), English (US) and French. Please bear in mind that the language chosen cannot be changed after your first purchase of a credit. The language chosen also applies to future credit purchases.
The transcription minutes are automatically debited from your credit when a service is provided. The number of transcription minutes used is calculated on the basis of the length of dictation (in minutes), the language and the priority of a dictation and the number of speakers (see below). No separate invoices will be issued in respect of the minutes used. You may check your transcription minutes credit and the minutes used at any time in your SpeechLive account. You may use your transcription minutes credit 24 months after purchase of the credit. The credit will expire after the end of 24 months of the purchase date.
Additional special terms and conditions concerning the English and French transcription service
The following information applies to the transcription of dictations with a single speaker:
Priority
For English dictations you may choose between “standard priority” and “high priority”. If you choose standard priority, one transcription minute will be debited per commenced minute of a dictation. In the case of high priority, 1.25 transcription minutes will be debited per commenced minute of a dictation. All French dictations will be processed as “standard priority” dictations.
Transcription time
English and French dictations will be transcribed 24/7/365. Standard priority dictations with a length of up to 120 minutes are usually transcribed within 24 hours (best effort). High priority dictations may not be longer than 25 minutes.
Language
Priority
Maximum dictation length (in minutes)
Transcription time (in hours) during business hours
English (UK/US)
Standard
120
24
English (UK/US)
High
25
5
French
Standard
120
24
The following information applies to the transcription of dictations with more than one speaker (“multi-speaker”):
SPS offers fixed prices for dictations with 2, 3 and 4-5 speakers. The price for 6 or more speakers (6 +) is an approximate indication. The actual price will be determined upon review of the dictation. In this case you will receive a quote from SPS by email. You may then choose to accept the offer, or cancel the transcription of this dictation. In case you decide to cancel your transcription, SPS may charge an analysis fee of 4% of the approximate indication or at least CAD 35.
If you specify the wrong number of speakers, the price will be calculated according to the actual number of speakers and debited from your balance. If you have insufficient credit, an automated payment will be triggered. If this payment cannot be completed, the dictation will be put on hold until payment has been made and the missing credit has been transferred to the transcription service.
For English and French dictations with more than one speaker with a length of up to 180 minutes (3 hours), the transcription time is 72 hours (best effort).
Language
Priority
Maximum dictation length (in minutes)
Transcription time (in hours) during business hours
English / French
---
180
72
SPS strives to transcribe dictations within the indicated transcription time and free from error, but the transcription time and the quality of transcription significantly depend on the audio quality, comprehensibility and speed of a dictation. As a consequence, SPS can neither guarantee nor assure that the indicated transcription times are complied with and transcriptions are free from error. If the audio quality of a dictation is poor and makes transcription more difficult, you will be informed about any additional costs in advance and may decide whether you would like to order the transcription or not.
ADDITIONAL TERMS AND CONDITIONS CONCERNING SPEECHLIVE SPEECH RECOGNITION
Using SpeechLive speech recognition allows you to have your recorded dictations converted to text form by means of automatic speech recognition.
To use SpeechLive speech recognition you need a SpeechLive account. If you do not have a SpeechLive account, you first have to acquire a license for the SpeechLive service in the SpeechLive online shop at www.speechlive.com.
Furthermore, in order to use SpeechLive speech recognition, you must purchase a license for SpeechLive speech recognition in the SpeechLive Online Shop. The subscription period for SpeechLive speech recognition is tied to the duration of your SpeechLive contract. The use of SpeechLive speech recognition is subject to a fair-use policy of 1000 minutes per contract month. In case of exceeding this policy, we will deactivate the service for the respective current month, in case of repetition we are entitled to terminate the contract prematurely.
For SpeechLive speech recognition the duration of the speech recognition corresponds roughly to the length of the dictation, i.e. speech recognition of a 10-minute dictation will take approx. 10 minutes. When using real-time speech recognition, the speaking time is also measured in minutes. All SpeechLive applications that offer speech recognition are part of SpeechLive speech recognition and its fair-use policy of 1000 minutes per contract month.
The rate of speech recognition will depend substantially on the quality of the audio (including, inter alia, microphone settings and ambient noise), the speech patterns of the speaker, particularly the clarity and speed of the dictation, and on the vocabulary used. In general, speech recognition is designed for use by native speakers of the language in question. Using speech recognition in languages other than your native language is not recommended, and may adversely affect the speech recognition of the words and phrases spoken. SPS is thus unable to warrant any specific rate of speech recognition. For this reason, SPS does not accept any responsibility and liability for the correct reproduction of any dictation. It is thus strongly recommended that you check the converted text as to its correct reproduction before using it for further purposes. Moreover, the limitations of liability and disclaimers pursuant to Section 8 ("Liability") of our General Terms and Conditions are applicable.
Note: Users can only use either SpeechLive speech recognition or Nuance Dragon speech recognition, it is not possible to mix them.
Rights of use and limitations
SPS grants you a non-exclusive, non-transferable right to use the SpeechLive speech recognition pursuant to the terms of this agreement. You acknowledge that the copyright and all other intellectual property rights to the SpeechLive speech recognition software shall remain vested in SPS and/or its licensors.
You are not permitted to market, distribute or offer SpeechLive speech recognition to third parties or to use the service yourself to offer services to third parties. You may not use the service for any automated requests or access the service with software which does not come from SPS. In addition, you are not authorized to (a) copy, reproduce, distribute or in any other manner duplicate the software or the service, (b) sell, lease, license, sublicense or otherwise grant rights to the software or the service as a whole, (c) modify, translate or create derivative works of the software or the service, (d) decompile, disassemble or reverse-engineer the software or the service or any portion thereof or otherwise attempt to reconstruct, identify or discover the source code, underlying ideas or algorithms of the software or the service, (e) remove any proprietary notices (f) use the service for purposes of comparison with or benchmarking with other products or services of third parties.
Trademarks
Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in the speech recognition software or used by SpeechLive speech recognition are the trademarks of their respective owners. The use of the Trademarks is intended solely to denote interoperability and does not constitute (i) an affiliation of SPS and of its licensors with such, or (ii) an endorsement or approval by such trademark owner of SPS and its licensors.
Data protection
As a part of SpeechLive speech recognition SPS uses speech data. “Speech Data” means the audio files or words you dictate and the associated transcriptions and log files generated in connection with your use of SpeechLive speech recognition. Speech data may contain personal data, including potentially sensitive personal data relating to you and/or third parties. You explicitly acknowledge and accept that you are solely responsible for determining the lawful basis for the processing of any personal data and obtaining all consents required (if any) from the data subjects under the applicable data protection legislation to allow SPS to process Speech Data and provide the agreed speech recognition services. When we process personal data on your behalf, our processing is subject to our Data Processing Agreement. To provide SpeechLive speech recognition, SPS uses external service providers who contract with SPS and are subject to duties of confidentiality. The external service providers may process your Speech Data for the purpose of this service outside the EU, including in the USA or in other countries. Such transmission will only take place on the basis of adequate safeguards, including where appropriate EU standard contractual clauses, as further described in our Data Processing Agreement.
We will always treat your personal data confidentially and process such data in conformity with the applicable legal rules. For more information, please see our Privacy Policy.
(hereinafter referred to as "Dragon speech recognition")
Using Dragon speech recognition allows you to have your recorded dictations converted to text form by means of automatic speech recognition. TheDragon speech recognition functionality is provided by Nuance Communications Ireland Ltd (“Nuance”)
In order to use Dragon speech recognition, you must purchase a license for Dragon speech recognition from one of our authorized partners. The use of Dragon speech recognition is subject to the terms of the Nuance End User License Agreement in effect from time to time available at the Nuance Website. The current version is available here: www.nuance.com/dragon/dragon-anywhere/professional-legal-eula.html
Note: Users can only use either SpeechLive speech recognition or Dragon speech recognition, it is not possible to mix them. When using Dragon speech recognition, only send to speech recognition options are available, real-time speech recognition within the SpeechLive applications is not supported. For real-time speech recognition with Dragon speech recognition the Nuance dragon bar is required.
The rate of speech recognition will depend substantially on the quality of the audio (including, inter alia, microphone settings and ambient noise), the speech patterns of the speaker, particularly the clarity and speed of the dictation, and on the vocabulary used. In general, speech recognition is designed for use by native speakers of the language in question. Using speech recognition in languages other than your native language is not recommended, and may adversely affect the speech recognition of the words and phrases spoken. SPS is thus unable to warrant any specific rate of speech recognition.
For this reason, SPS does not accept any responsibility and liability for the correct reproduction of any dictation. It is thus strongly recommended that you check the converted text as to its correct reproduction before using it for further purposes. Moreover, the limitations of liability and disclaimers pursuant to Section 8 ("Liability") of our General Terms and Conditions are applicable.
Subscription term
The term of a Dragon license starts at the order date and is twelve (12) months.
Non-renewal of a license will lead to an automatic termination. The user will not be able to use Dragon anymore.
A Dragon license purchased together with a SpeechLive subscription (bundle) requires a valid SpeechLive subscription for renewal. Cancellation of the SpeechLive subscription without termination of the Dragon license is not possible.
Rights of use and limitations and other specific terms for Dragon Medical SpeechKit (hereinafter referred to as “Service”):
The rights provided to the Service are (a) non-exclusive and non-transferable, and (b) solely for the applicable end customer’s internal business operations; and require the end customer to be responsible for its employees’, agents’, and contractors’ (i) access and use of the Service, and (ii) compliance with the license terms.
The use of any thin-client or run-time software provided is restricted to the use solely as incorporated within SPS Product and for the sole and limited purpose of accessing the Service.
Nuance retains all right, title, interest, and ownership (including, without limitation, all intellectual property rights) in and to the Service.
Prohibited are (a) assigning, giving, selling, licensing, transferring, or otherwise granting any rights in, or access to, the Service, in whole or in part, to another individual or entity; (b) modifying, translating, or creating derivative works of the Service; (c) the removal or modification of any markings or any notice of Nuance’s or its licensors’ proprietary rights; (d) the decompilation, disassembly, or reverse engineering of the Service, or otherwise attempting to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms of the Service by any means; and (e) the release to any third party the results of any benchmark testing of the Service.
Nuance disclaims, to the extent permitted by applicable law, Nuance’s (and its licensors’) liability for (a) any damages, whether direct, indirect, incident, special, consequential, or punitive, and (b) any loss of profits, revenue, data or data use, business interruption, cost of cover or delay, or damage to business reputation, arising from or relating to the Service.
Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Service are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.
As part of the Service, Nuance and/or its licensors collect and use “Speech Data”, as defined below, to tune, enhance and improve the speech recognition and other components of the Service, and other services and products. In accepting the license terms and conditions, end customer and its authorized end users acknowledge, consent and agree that Nuance and/or its licensors may collect the Speech Data as part of the Service and that such information shall only be used by Nuance and/or its licensors or third parties acting under the direction of Nuance and/or its licensors, pursuant to confidentiality agreements, to tune, enhance and improve the speech recognition and other components of the Service, and other services and products. Nuance and/or its licensors will not use the information elements in any Speech Data for any purpose except as set forth above. “Speech Data” means the audio files, associated transcriptions and log files provided by end customer and/or its authorized user hereunder or generated in connection with the Service. Any and all information of end customer or its authorized user provide will remain confidential and may be disclosed by Nuance and its licensors, if so required, to meet legal or regulatory requirements, such as under a court order or to a government institution if required or authorized by law, or in the event of a sale, merger or acquisition to another entity by Nuance or its licensors.
Data protection
To provide Dragon speech recognition, SPS uses external service providers, including Nuance Communications Ireland Ltd (“Nuance”). By registering for and usingDragon speech recognition, you acknowledge that SPS, Nuance as well as any sub-processors of Nuance will process Speech Data (as defined above) in connection with the provision of the services. Speech Data may contain personal data, including potentially sensitive personal data relating to you and/or third parties.
You explicitly acknowledge and accept that you are solely responsible for determining the lawful basis for the processing of any personal data and obtaining all consents required (if any) from the data subjects under the applicable data protection legislation to allow SPS and its external service providers to process Speech Data and provide the agreed speech recognition services. The processing of Speech Data is subject to our Data Processing Agreement.
Our external service providers may process your Speech Data for the purpose of this service outside the EU, including in the USA or in other countries. Such transmission will only take place on the basis of adequate safeguards, including where appropriate EU standard contractual clauses, as further described in our Data Processing Agreement.
We will always treat your personal data confidentially and process such data in conformity with the applicable legal rules. For more information, please see our Privacy Policy.
